Computer Law & Security Review最新文献

Privacy in apps is a topic of widespread interest because many apps collect and share large amounts of highly sensitive information. In response, the Chinese legislator introduced a range of new data protection laws over recent years, notably the Personal Information Protection Law (PIPL) in 2021. So far, there exists limited research on the impacts of these new laws on apps’ privacy practices. To address this gap, this paper analyses data collection in pairs of 634 Chinese iOS apps, one version from early 2020 and one from late 2021.

Our work finds that many more apps now implement consent. Yet, those end-users that decline consent will often be forced to exit the app. Fewer apps now collect data without consent but many still integrate tracking libraries. Market concentration in app data collection has seen limited change. At the same time, there exists a larger number of influential and equal market participants than in the West. Among them, Apple was the only relevant foreign company.

We see our findings characteristic of a first iteration at Chinese data regulation with room for improvement. With the help of enhanced technological capabilities, we expect increased enforcement of the new data rules. There is also room to refine the new laws and make them more targeted at mobile apps and the online sphere, particularly through clear and up-to-date technical specifications for software developers. As such, our findings could also be motivation for non-Chinese policy- and lawmakers to enhance their own data protection regimes.

Standard essential patent (SEP)-related disputes frequently involve parallel litigation cases in various jurisdictions in the world. With the rapid advancement of the telecommunication industry, Chinese companies are more and more embroiled in such global dispute, particularly with the issue of fair, reasonable, and non-discriminatory (FRAND) rate determination by the courts. Chinese courts are actively asserting jurisdiction over global FRAND disputes. It is important to note that within the framework of Chinese court practice, the court should further improve its trial procedures to ensure that parties have reasonable expectations regarding rate determination result on the merits and the procedural due process. This article reviews the judicial practice in China regarding the cases of FRAND rate dispute, summarizing the characteristics and recent development in the court practice. The article outlines how Chinese courts apply comparable license and top-down approach to calculate the FRAND rate. Notably, Chinese courts have taken a more flexible and pragmatic approach when addressing this issue, tailoring their decisions based on the circumstances in individual case. Additionally, it discusses the possibility of Article 24 in the Judicial Interpretation II as the legal basis for determining the global FRAND rate, as well as how the requirement for good-faith negotiation is interpreted by the court and whether the regional discount is reasonable in the context of the global FRAND rate. Consequently, the article argues that the courts should consider harmonizing its practice with prevailing norms in international jurisdictions. Several recommendations for optimizing the trial procedure also proposed, thereby ensuring scientific rigor and transparency of the rate calculation.

Menstrual cycle tracking applications (‘apps’) are smartphone or tablet apps that allow users to log data pertaining to their period. Using a lens of privacy focussed on intimacy, it will be argued that the control-based harms and intimate harms emerging from these apps require moving from an information privacy law model based on control to one that acknowledges the deeper connection between intimacy and privacy. We examine the privacy policies of 20 menstrual cycle tracking apps to investigate how the control-based protections of the Privacy Act apply. Our findings demonstrate that there are many deficiencies in app privacy policies which give rise to critical questioning about the application of the Australian Privacy Act’s control approach. We argue that the current gender-agnostic approach of information privacy law's control approach does not adequately protect app users and their intimate information. Intimate harms rethink the application of information privacy law by extending its reach beyond the traditional control harms contemplated by the Act and examine how menstrual cycle tracking apps disrupt users’ intimate spheres and relationships. To adequately protect app users from these deeper intimate harms, we contend that information privacy law moves beyond the procedural-based control approach to an information privacy model that is relational, context-dependant and acknowledges the connection between intimacy and privacy.

The fragmentation of the Dutch cybersecurity government landscape is a widely discussed phenomenon among politicians, policy makers, and cybersecurity specialists. Remarkably though, a negative narrative is underlying the idea of fragmentation, suggesting that we are dealing with a serious problem. A problem that has the potential of impeding cybersecurity governance in the Netherlands. This research zooms in on how cybersecurity governance is organised within the central government, and which organisations are concerned with the creation, implementation, and oversight of cybersecurity policies vis à vis Dutch society. This article provides an overview of all central government organisations (de Rijksoverheid) that are involved in cybersecurity governance on a strategic level. This research provides the first step in doctoral research into the possible implications of the fragmentation of cybersecurity governance in the Dutch central government, and how this fragmentation could potentially impact policy creation, implementation, and oversight. Based on the mapping of this governance landscape, it set out to measure fragmentation based on the number of units or organisations that are concerned with cybersecurity governance in the central government on a strategic level. This study has found that based on Boyne's (1992) notion of fragmentation and the Dutch governments’ definition of tiers, the Dutch cybersecurity governance landscape could indeed, when meticulously following Boyne's counting procedure, be regarded as fragmented.

This article proposes a new paradigm in the consideration of privacy in pornographic works in copyright enforcement actions. It focuses particularly on attempts to threaten individuals with copyright infringement action based on a speculative invoicing model. We approach this issue from the perspective of the right to sexual privacy of alleged infringers, which, as we argue, is particularly pertinent for pornographic works. The courts in England and Wales have broadly recognised the role of individual privacy and embarrassment caused to alleged infringers in the leading cases of Golden Eye and subsequently in Mircom, but the law remains unclear with no real recognition of, or meaningful mechanisms in place to address, the underlying issues. The article points out that this is due to a fundamental lack of appreciation of sexual privacy at a conceptual level in the context of consumption of pornography in the internet age, and consequent failure to consider this in copyright enforcement proceedings. We argue that the law should achieve a balance between the right holder's interest and the sexual privacy of alleged infringers, and copyright enforcement actions need to be approached with this in mind. This calls for a fundamental reconceptualisation of the right to privacy, and we call upon the courts to recognise and balance the sexual privacy rights of the alleged infringers of copyright in pornographic works with the interests of the right holders in certain copyright enforcement actions to achieve fair and equitable outcomes.

The digital age has made personal data more valuable and less private. This paper explores the future of the European Union’s General Data Protection Regulation (GDPR) by imagining a range of challenging scenarios and how it might handle them. We analyse United States’, Chinese and European approaches (self-regulation, state control, arms-length regulators) and identify four key drivers shaping the future regulatory landscape: econopolitics, enforcement capacity, societal trust, and speed of technological development. These scenarios lead us to envision six resultant versions of GDPR, ranging from laxer protection than now to models empowering individuals and regulators. While our analysis suggests a minor update to the status quo GDPR is the most likely outcome, we argue a more robust implementation is necessary. This would entail meaningful penalties for non-compliance, harmonised enforcement, a positive case to counter the regulation-stifles-innovation narrative, defence of cross-border data rights, and proactive guidelines to address emerging technologies. Strengthening the GDPR’s effectiveness is crucial to ensure the digital age empowers individuals, not just information technology corporations and governments.

The European Union's Artificial Intelligence Act focuses on establishing harmonized rules across EU Member States so that AI systems are safe, transparent, and respectful of existing laws and fundamental rights. It introduces a risk-based regulatory approach, classifying AI applications by risk levels and imposing stringent compliance requirements on high-risk applications. The paper critically examines the Act's provisions, including its prohibitions on certain AI practices, requirements for high-risk AI systems, and mandates for transparency and human oversight. The paper examines the implications of the Act for international trade and technological regulation, particularly in the context of the World Trade Organization's Technical Barriers to Trade (TBT) Agreement. It addresses the Act's potential impact on developing countries, highlighting concerns that the Act's uniform standards could potentially exacerbate the digital divide and create barriers in global AI innovation and trade. The paper suggests incorporating flexibility and differential standards in the Act, enhancing technical assistance for developing countries, and advocating the EU's active participation in global standard-setting.

What is the context which gave rise to the obligation to carry out a Fundamental Rights Impact Assessment (FRIA) in the AI Act? How has assessment of the impact on fundamental rights been framed by the EU legislator in the AI Act? What methodological criteria should be followed in developing the FRIA? These are the three main research questions that this article aims to address, through both legal analysis of the relevant provisions of the AI Act and discussion of various possible models for assessment of the impact of AI on fundamental rights.

The overall objective of this article is to fill existing gaps in the theoretical and methodological elaboration of the FRIA, as outlined in the AI Act. In order to facilitate the future work of EU and national bodies and AI operators in placing this key tool for human-centric and trustworthy AI at the heart of the EU approach to AI design and development, this article outlines the main building blocks of a model template for the FRIA. While this proposal is consistent with the rationale and scope of the AI Act, it is also applicable beyond the cases listed in Article 27 and can serve as a blueprint for other national and international regulatory initiatives to ensure that AI is fully consistent with human rights.

Open Government Data (OGD) has evolved from the mere generation of public data to its active management, but the strategic evolution still needs to be explored. This article explores the intersection of government's digital transformation, the Sustainable Development Goals (SDGs), and the role of government open data initiatives. The study focuses on the Brazilian trajectory, employing the "data as a public good" approach to evaluate data governance and capabilities as facilitators of sustainable digital transformation. The GDB method aligns with the SDG Digital Acceleration agenda, providing insights into integrating data in society and digital transformation. The study concludes by indicating the need for more dialogue and synergy between data management and government strategies. It emphasizes integrating data management, privacy protection, transparency, and ethical considerations for sustainable impact.